PUBLIC LAW 100-659—NOV. 15, 1988 102 STAT. 3915

"(2) SPOUSES AND FORMER SPOUSES.—(A) Payment of the lump-
sum credit under paragraph (1XA) or a payment under para-
graph (1XG)-

"(i) may be made only if any current spouse and any
former spouse of the bankruptcy judge or magistrate are
notified of the bankruptcy judge's or magistrate's applica-
tion; and

"(ii) shall be subject to the terms of a court decree of
divorce, annulment, or legal separation or any court or
court approved property settlement agreement incident to
such decree, if—

"(I) the decree, order, or agreement expressly relates
to any portion of the lump-sum credit or other payment
involved; and

"(II) payment of the lump-sum credit or other pay-
ment would extinguish entitlement of the bankruptcy
judge's or magistrate's spouse or former spouse to any
portion of an annuity under subsection (i).
"(B) Notification of a spouse or former spouse under this
paragraph shall be made in accordance with such requirements
as the Director of the Administrative Office of the United States
Courts shall by regulation prescribe. The Director may provide
under such regulations that subparagraph (AXi) may be waived
with respect to a spouse or former spouse if the bankruptcy
judge or magistrate establishes to the satisfaction of the Direc-
tor that the whereabouts of such spouse or former spouse
cannot be determined.

"(C) The Director shall prescribe regulations under which this Regulations.
paragraph shall be applied in any case in which the Director
receives two or more orders or decrees described in subpara-
graph (A).

"(3) DEFINITION.—For purposes of this subsection, the term
lump-sum credit' means the unrefunded amount consisting of—
"(A) retirement deductions made under this section from
the salary of a bankruptcy judge or magistrate;

"(B) amounts deposited under subsection (k) by a bank-
ruptcy judge or magistrate covering earlier service; and
"(C) interest on the deductions and deposits which, for
any calendar year, shall be equal to the overall average
yield to the Judicial Officers' Retirement Fund during the
preceding fiscal year from all obligations purchased by the
Secretary of the Treasury during such fiscal year under
subsection (o);
but does not include interest—

"(i) if the service covered thereby aggregates 1 year or
less; or

"(ii) for the fractional part of a month in the total service.
u(o) JUDICIAL OFFICERS' RETIREMENT FUND.—

"(1) ESTABLISHMENT.—There is established in the Treasury a
fund which shall be known as the 'Judicial Officers' Retirement
Fund'. The Fund is appropriated for the payment of annuities,
refunds, and other payments under this section.

"(2) INVESTMENT OF FUND.—The Secretary of the Treasury
shall invest, in interest bearing securities of the United States,
such currently available portions of the Judicial Officers'
Retirement Fund as are not immediately required for payments